NOID After Marriage-Based Green Card Interview: What to Do?, Immigration Lawyer in California

NOID After Marriage-Based Green Card Interview: What to Do?, Immigration Lawyer in California


Watch this video on how to handle an intent
to deny after her marriage fraud interview and learn more. Hello everybody. My name is Jacob Sapochnick and I’m an immigration
attorney based in San Diego, California. In this video, I wanted to talk about the
process of responding to an intent to deny following a second Marriage-Based interview,
also known as a STOKES interview. So typically, when you file a marriage petition
that I went 30, and the 45, if all goes well, after you got the receipts and the work permits
and the whole thing, there should be an interview scheduled. And that interview, they want to determine,
the government wants to determine if this is a bona fide marriage. So both spouses will appear and they’ll ask
questions, general questions about the relationship and they want to see joint documents together
and they’ll ask certain questions. After that first interview, if they’re not
convinced that it’s a bona fide marriage, as second interview will be scheduled. And that interview, it’s a more detailed interview
where they separate a couple and they’ll ask the same questions, one party and the other
and then they’ll compare, compare the answers and they’ll make a determination whether it
is in fact a bona fide marriage or not. And that is a topic for a separate video which
we’ve done. And I’ll do more in detail some videos because
we have a lot of questions about this issue. But after a second interview, there should
be a decision. And before there a decision, in many, many
jurisdictions, the U.S. Immigration Service will issue an intent to deny. It’s an official document titled Intent to
Deny and that document that will detail some of the things that happened in the second
interview. Some of the documents that were submitted
by the couple of throughout the case and also any inconsistencies that took place during
the interview. There will also be listed there and say typically
they’ll give 30 days to respond to that intent to deny. And the biggest issue is that, they’re concluding
that intent to deny by stating that the government is not convinced that it’s a bona fide marriage
and it was only a marriage of convenience for the sake of getting the paperwork of immigration. And so, it is very important to take this
document very seriously and respond to it correctly. Typically, what we do in our office, when
we get a client with an intent to deny, we’ll try to analyze what happened in that second
interview if we were not there in. And typically, if we go with our client, we
have detailed notes as to what happened in the interview, and then we can help respond
to the intent to deny because we can always use some of our notes to show that, what was
the position, what was our position, what was the client’s position and what actually
happened at an interview. As it makes it easier to respond to the intent
to deny. If there was no attorney present or we just
have that piece of document that lists the inconsistencies, it is important for…for
the clients to list their version as how they see it as to why the inconsistency it happened. Sometimes, people are nervous. Sometimes you forget things. Remember, it’s an intimidating interview that
usually two officers involved and they ask questions and they repeat them again. And sometimes people forget. If the inconsistencies are not that material. If you forget, if it’s a Tuesday instead of
Wednesday or if you had chicken instead of beef, those are much easier to overcome. But if the inconsistencies are much more,
you know, important and like date of marriage or was there a proposal or there was no proposal
or…then it’s important to…to sit down and be honest and admit that, you know, the
person who wasn’t nervous and therefore they…they didn’t tell the truth. But it still doesn’t mean that it’s not a
bona fide, bona fide marriage. So, it is important to be a truthful and honest
when responding. And so, I always ask the clients when we interviewed
them, why did you say this? Why didn’t you say this? Well, I was nervous. I forgot. Well, why did you lie? So it’s always important to admit to say,
yes, we didn’t tell the truth about this, but this marriage is real because here is
the proof of why it is real and bring evidence to their…to the response to show why this
was a bona fide marriage when incepted because really that’s the burden of proof to show
that this is a marriage that was real when the, when the, when the couple entered into
the marriage and it just didn’t work out for whatever reason. Or if they have difficulties currently or
if you know, the inconsistency happened just because they were nervous. Put this in paper and explain why it happened
to be very honest. At the end of the day, if there is enough
evidence to show that it was a real bona fide marriage, we have to put this in our, into
a brief and show the USCIS that what happened in the interview is not a reflection of the
real situation of this couple and it’s still a real bona fide marriage. Once you put this together and the key here
is, is to avoid the presumption of fraud because even if they deny this, at least you won’t
have a presumption of fraud and there’s, and there’s just denied because there are not
sufficient evidence. Once you respond correctly using that strategy
with affidavits and all the additional evidence you have, they will make a decision and either
approve the case or denied. If the case is denied, then we have to, it’s
important to discuss it with an attorney to make a decision whether it’s important where
you can refile or do something else to get your immigration status. In any case, hopefully this was helpful. If you have any questions about the intent
to deny process, please email me at [email protected] Post your comments below. Let me know what you think of this video,
and don’t forget to subscribe to our channel because we have a lot of videos coming out
to you. Coming to you every week, and we look forward
to seeing you at our next video. Thanks for watching.

6 Replies to “NOID After Marriage-Based Green Card Interview: What to Do?, Immigration Lawyer in California”

  1. Hi sir today I receive notice of intent of my cr1 after three years my interview at casablanca morroco today 5 March 2019 I receive the dnied don't know the reason till now

  2. I'm waiting for response sir and what can do they say they will mailed my wife the notification about the dnied in Rhode island Providence sir .I'm waiting for ur response thank u

  3. Hello sir,so I have a question about my case I have make the interview since January 7 2019 up to now I have not receive nothing what can I do to know about my case because I have no idea if they approve or denied, thanks.

  4. How about intent to revoke notice was sent sir .i receive this letter sir this week help me please

  5. Sir I had interview with my wife and first interview they separated us and said they denied us and they did say they will send paper what should I do can I go second interview ?

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